Court finds some free speech for teachers

William Fletcher quoted in San Francisco Chronicle, September 5, 2013

“Teaching and academic writing are at the core of the official duties of teachers and professors,” Judge William Fletcher — a former law professor at UC Berkeley, where he still teaches — said in Wednesday’s 3-0 ruling.  “Such teaching and writing are ‘a special concern of the First Amendment,'” he said, quoting a 1967 Supreme Court ruling.

Inmates end California prison hunger strike

Barry Krisberg quoted in Los Angeles Times, September 5, 2013

The courts are the better forum for that debate, said criminal justice expert Barry Krisberg at UC Berkeley’s law school. “Ultimately, it will take a clear court definition of what is constitutional,” Krisberg said. “Legislatures don’t like to get involved in that.”

NYPD data shows crime drops with fewer stops

Franklin Zimring quoted in Newsday, September 5, 2013

The sky hasn’t fallen as stop-and-frisks declined, raising doubts about a close relationship between the activity and crime levels, Zimring said. “It may be more subtle or it may take more time,” he said of the crime trends. “But the easiest kind of cause and effect inference to come from the data, doesn’t seem to be there.”

UC files ‘friend of the court’ brief regarding affirmative action

Kristen Holmquist and Amanda Tyler quoted in The Daily Californian, September 4, 2013

“What happens in California if the court upholds the 6th Circuit and strikes down Michigan’s proposition?” said Kristen Holmquist, a lecturer at UC Berkeley School of Law. “Then, arguably, Prop. 209 is also unconstitutional. Then the schools would be free to use race-based or race-related considerations in admissions again. The amicus brief makes it very clear to me that they would.”

Berkeley Law professor Amanda Tyler speculated that the court will uphold Michigan’s proposal, overturning the 6th Circuit ruling. “If the court reverses, as many people think they are likely to do, they will be in effect saying that something akin to ‘Prop. 209 is fine,'” Tyler said. “That would give the law greater legitimacy.”

High speed rail interview

Ethan Elkind interviewed by KCBS Radio, September 1, 2013

“High speed rail is coming to California…. There’s obviously some legal uncertainty with a few court decisions that have to resolve themselves, but our assumption is that the system is coming. So, the responsibility now is for leaders in the Central Valley, from the business community, local government, and down the line need to get together and figure out what they’re going to do to implement the system in a way that will benefit them economically and environmentally.”

Patent trolls’ put brakes on SF transit app

Samuelson clinic cited in San Francisco Chronicle, September 1, 2013(registration required)

This summer, the San Francisco digital rights group and the Samuelson Law, Technology, and Public Policy Clinic at UC Berkeley helped significantly narrow the scope of one key ArrivalStar patent, after filing a request for re-examination.

Secrecy in Oakland on crime-fighting strategy

Franklin Zimring quoted in San Francisco Chronicle, August 23, 2013 (registration required)

“OK, Mayor Quan; OK, police chief du jour, you tell me what you are doing and how it is working, and you have to tell me in a convincing fashion,” said Zimring. “Eight arrests are a big deal, but what are those eight arrests doing to decrease gunshots in Oakland? And if we don’t know, how will we know and when will we know?”

The detention of Egypt’s President Mohammed Morsi

Stephen Rosenbaum interviewed by Celebrity Court Radio, August 18, 2013

“As to the authority [for detaining Morsi], like so much that’s been happening the few years [since the revolution], we have vacant institutions and ad hoc laws…. Even those who may be in favor of the overthrow are not necessarily pleased with the continued detention and lack of due process.”

Barry White Jr.’s road to double murder charges

Malcolm Feeley and Franklin Zimring quoted in Contra Costa Times, August 29, 2013

“What the judge did was perfectly reasonable in my judgment,” said UC Berkeley law professor Malcolm Feeley. “It’s just one of the tragedies with a criminal justice system that presumes innocence before guilt and allows bail. Some people take advantage of that.”

Criminal law professor Frank Zimring questioned why White’s 2009 criminal case had not been litigated more promptly. “Why the hell wasn’t this case disposed of years ago?” he said. “If you want to remove him from the streets, go convict him.”

Viewpoints: without accountability for some state programs, it’s like putting money on the stump and running

Barry Krisberg writes for The Sacramento Bee, August 28, 2013

The recent report by the state auditor that there is virtually no oversight or accountability for more than $7 billion of Proposition 63 Mental Health Services Act funding is alarming. When the voters approve additional taxes to increase important public services, they are entitled to know that they are getting their money’s worth. This situation erodes confidence in government and inhibits needed investments in the education system and the social service net.